R.Sakthivel v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI R.Sakthivel ... Petitioner Vs.

1.The Tahsildar, Peraiyur Taluk, Madurai District.

2.The Deputy Superintendent of Police, Peraiyur, Madurai District.

3.The Inspector of Police, Peraiyur Police Station, Madurai District.

4.The Inspector, Hindu Religious and Charitable Endowments, Peraiyur, Madurai District.

... Respondents (R4 suo motu impleaded as per order of this Court in W.P.Crl.(MD) No.134 of 2025) Prayer: Writ Petition filed under Article 226 of the constitution of India, seeking for the issuance of Writ of Mandamus, to direct the respondents to grant permission and provide protection for conducting 1/7

the festival of Arulmigu Sri Mariamman, Sri Kaliamman and Sri Muthalamman Temples scheduled to be conducted on 17.06.2025 and 18.06.2025 based on the petitioner's representation dated 06.06.2025. For Petitioner : Mr.C.Ganeshkumar For R1 & R4 : Mr.F.Deepak, Special Government Pleader.

For R2 & R3 : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

For other group : Mr.J.Jeyakumaran

ORDER

The petitioner, who belongs to Scheduled Caste community, has filed the present petition seeking permission to conduct temple festival of Arulmigu Sri Mariamman, Sri Kaliamman and Sri Muthalamman Temples situated at Subbulapuram, Peraiyur Taluk, Madurai District. 2.The learned Additional Public Prosecutor appearing for the respondents 2 & 3 submits that there are two parties on communal line and there are issues between them and therefore, the above said temple 2/7

has been locked by the Revenue Officials and remained closed for the past 23 years.

3.Mr.J.Jeyakumaran, learned counsel representing other community in the village submits that the petitioner group are not permitting his group to participate in the temple festival and they are also claiming right in the administration of the temple. In view of this dispute, the Tahsildar closed the said temple in the year 2002. According to him, the temple is under lock for the past 23 years. 4.The learned counsel appearing for the petitioner submits that the petitioner has filed an application before the Tahsildar, Peraiyur Taluk seeking permission to conduct temple festival and the Tahsildar has also permitted the petitioner to conduct temple festival by his proceedings dated 27.05.2025. Challenging the said order, one C.Ramasamy has filed writ petition before this Court in W.P.(MD)No. 15751 of 2025 and this Court by order dated 11.06.2025 allowed the same by setting aside the order in the admission itself, without 3/7

providing opportunity to the petitioner herein and permitted all the parties to worship in the temple and directed to resolve the issue of administration before the civil Court.

5.The learned Special Government Pleader appearing for the first respondent submits that there is an issue between the Schedule Caste community people and Caste-Hindu people with regard to the administration of the temple and hence, there was a law and order problem and the Tahsildar has locked the temple. 6.This Court considered the rival submissions made on either side.

7.The petitioner, who belongs to Schedule Caste community has approached this Court that he is being prevented from participating in the temple festival. The Tahsildar has permitted him. However, the order of the Tahsildar was later set aside. Be that as it may, everybody 4/7

is having right to worship in the temple. This Court suo motu impleads, the Inspector, Hindu Religious and Charitable Endowments, Peraiyur as a party to this writ petition, who shall take necessary steps to take over the administration of the temple till the issue between the two groups is resolved, either before the civil Court or before the Hindu Religious and Charitable Endowments Department. The Inspector, Hindu Religious and Charitable Endowments, Peraiyur shall ensure that the temple festival is conducted, temple remained opened and nobody is prevented from offering their prayer / worship. 8.With the above directions, this writ petition is disposed of. No costs.

12.06.2025 NCC : Yes / No Index : Yes / No gns 5/7

To 1.The Tahsildar, Peraiyur Taluk, Madurai District.

2.The Deputy Superintendent of Police, Peraiyur, Madurai District.

3.The Inspector of Police, Peraiyur Police Station, Madurai District.

4.The Inspector, Hindu Religious and Charitable Endowments, Peraiyur, Madurai District.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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B.PUGALENDHI, J.

gns 12.06.2025 7/7